Uganda Case Law

Batabaire v Ngobi Siraj and Others

Batabaire v Ngobi Siraj and Others (Civil Application No. 326 of 2017) [2022] UGCA 274 (22 November 2022)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 326 of 2017

Judge

Kibeedi Mutangula, JA, Gashirabake, JA, Musoke, JA

The respondents failed to prove service of the letter requesting for certified copies of proceedings and judgment on the applicant or her counsel, as required by Rule 83(3) of the Court of Appeal Rules. The absence of endorsement or affidavit of service means the respondents cannot rely on the exception to the 60-day rule for filing appeals. Consequently, the period for filing the Memorandum and Record of Appeal commenced on the date the Notice of Appeal was lodged, and the appeal was filed outside the prescribed time. The failure to comply with mandatory procedural requirements is not a mere…

Source excerpt

• Appeal Timelines
• Service Of Documents
• Mandatory Procedural Requirements
• Striking Out Appeal

Tumuramye v Shengli Eng Construction Company Limited

Tumuramye v Shengli Eng Construction Company Limited (Miscellaneous Appeal No. 6 of 2022) [2022] UGHCCD 136 (16 July 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Appeal No. 6 of 2022

Judge

Byaruhanga Rugyema, J

The High Court upheld a preliminary objection and struck out the appeal as incompetent for being filed out of time without a valid basis to exclude time.

• Appeal Timelines
• Preliminary Objection
• Service Of Documents
• Court Discretion
• Consent Judgment Execution
• Appeal-timelines

Attorney General v Christoper Sales and Another

Attorney General v Christoper Sales and Another (Civil Application No. 150 of 2019) [2021] UGCA 197 (5 December 2021)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 150 of 2019

Judge

Madrama, JA, Kibeedi Mutangula, JA, Musota, JA

The Court of Appeal reviewed and set aside an earlier order striking out an appeal, holding the appeal had been filed in time and reinstating it for hearing.

• Appeal Striking Out
• Review Of Court Orders
• Computation Of Time
• Service Of Documents
• Civil-procedure
• Appeal-striking-out

Kobusingye v Zimbiha (Misc.Civil Application No. 245 of 2019)

Kobusingye v Zimbiha (Misc.Civil Application No. 245 of 2019) [2020] UGCA 98 (19 August 2020)

Court

Court of Appeal of Uganda

Case number

Misc.Civil Application No. 245 of 2019

Judge

Kasule, Ag. JA, Egonda-Ntende, JA, Musota, JA

The Court of Appeal granted time to serve a proceedings request, validated the appeal, and ordered costs against the applicant after finding counsel’s omission should not defeat the appeal.

• Extension Of Time
• Appeal Validation
• Mistake Of Counsel
• Service Of Documents
• Extension-of-time
• Appeal-validation

Bahinguza & Anor v Attorney General

Bahinguza & Anor v Attorney General (Miscellaneous Application No. 269 of 2013) [2015] UGCA 5 (20 January 2015)

Court

Court of Appeal of Uganda

Case number

Miscellaneous Application No. 269 of 2013

The respondent failed to take an essential step in prosecuting the intended appeal by not filing the Memorandum and Record of Appeal within the prescribed sixty-day period after receiving notice that the court proceedings were ready for collection. The court found that service of the Registrar's letter was legally effective, as the Attorney General's Chambers received and acted upon it. The respondent's explanations regarding internal file movements and the status of the staff who received the letter were rejected, as they amounted to attempts to benefit from their own procedural lapses. Give…

Source excerpt

• Notice Of Appeal Striking Out
• Failure To Take Essential Step
• Delay In Prosecution
• Service Of Documents
• Consent Judgment Enforcement

African Network for Animal Welfare v Attorney General of the Republic of Tanzania

African Network for Animal Welfare v Attorney General of the Republic of Tanzania [2013] EACJ 145 (25 April 2013) (First Instance Division)

Court

East African Court of Justice

Judge

Arach-Amoko JA, Busingye PJ, Lenaola JA, Mkwawa JA

The Court admitted an expert report filed two days late, finding the delay reasonable and the report necessary for a fair determination of the reference.

• Extension Of Time
• Admission Of Evidence
• Service Of Documents
• Court Discretion
• Extension-of-time
• Admission-of-evidence

Wanume David Katamirike Vs Uganda Revenue Authority

Wanume David Katamirike Vs Uganda Revenue Authority (Civil Appl No. 138 of 2010) [2011] UGCA 3 (27 May 2011)

Court

Court of Appeal of Uganda

Case number

Civil Appl No. 138 of 2010

The Court of Appeal dismissed an application to strike out an appeal as out of time, holding that the appeal period ran from the Registrar’s notice of readiness, not the opponent’s service.

• Appeal Timelines
• Judicial Review
• Service Of Documents
• Appeal-timelines
• Service-of-documents
• Civil-procedure

Construction Engineers and Builders Limited v Attorney General

Construction Engineers and Builders Limited v Attorney General (Civil Application 84 of 2001) [2006] UGCA 53 (31 March 2006)

Court

Court of Appeal of Uganda

Case number

Civil Application 84 of 2001

Judge

Engwau, JA, Kitumba, JA, Kavuma, JA

The Court of Appeal struck out the notice of appeal for failure to prove a written request for proceedings was served and retained as required by Rule 82(3).

• Notice Of Appeal
• Institution Of Appeals
• Service Of Documents
• Time Limits For Appeals
• Civil-procedure
• Notice-of-appeal

Crane Finance Co. Ltd v Makerere Properties Ltd

Crane Finance Co. Ltd v Makerere Properties Ltd (Civil Appeal 1 of 2001) [2002] UGSC 11 (11 February 2002)

Court

Supreme Court of Uganda

Case number

Civil Appeal 1 of 2001

Judge

Mulenga, JSC, Kanyeihamba, JSC, Mukasa-Kikonyogo, JSC, Oder, JSC, Karokora, JSC

The Supreme Court held that Rule 4 of the Court of Appeal Rules empowers the court to extend time for the doing of any act required by the rules, whether before or after the expiration of the time and whether before or after the act is done. The intended effect of such extension is to bring the act within the time as so extended, thereby validating acts done out of time. The Court of Appeal erred in treating the appeal as a nullity incapable of validation, as the extension of time granted by Kitumba J.A. had the legal effect of validating the late filing and service of the record of appeal. T…

Source excerpt

• Extension Of Time
• Validation Of Appeal
• Court Of Appeal Rules
• Nullity Of Appeal
• Service Of Documents

Egypt Air Corporation v Suffish International Food Processors Ltd & Anor

Egypt Air Corporation v Suffish International Food Processors Ltd & Anor (Civil Application 14 of 2000) [2000] UGSC 19 (18 October 2000)

Court

Supreme Court of Uganda

Case number

Civil Application 14 of 2000

Judge

Oder, JSC, J.W.N.Tsekooko, JSC, Karokora, JSC, Kanyeihamba, JSC, Mukasa-Kikonyogo, JSC

The Supreme Court struck out a notice of appeal after finding the respondents had not properly shown compliance with appeal-time rules.

• Notice Of Appeal
• Service Of Documents
• Appeal Timelines
• Affidavit Annexures
• Notice-of-appeal
• Appeal-timelines